78226 Federal Register / Vol. 88, No. 219 / Wednesday, November 15, 2023 / Rules and Regulations 

Appendix C to Subpart B of Part 532— 

Appropriated Fund Wage and Survey 

Areas 

Definitions of Wage Areas and Wage Area 

Survey Areas 

* * * * * 

ARIZONA 

Northeastern Arizona 

Survey Area 

Arizona: 

Apache 

Coconino 

Navajo 

New Mexico: 

McKinley 

San Juan 

Area of Application. Survey area plus: 

Colorado: 

Dolores 

Gunnison (Only includes the Curecanti 

National Recreation Area portion) 

La Plata 

Montezuma 

Montrose 

Ouray 

San Juan 

San Miguel 

Utah: 

Garfield (Only includes the Bryce Canyon, 

Capitol Reef, and Canyonlands National 

Parks portions) 

Grand (Only includes the Arches and 

Canyonlands National Parks portions) 

Iron (Only includes the Cedar Breaks 

National Monument and Zion National 

Park portions) 

Kane 

San Juan 

Washington 

Wayne (Only includes the Capitol Reef and 

Canyonlands National Parks portions) 

Phoenix 

Survey Area 

Arizona: 

Gila 

Maricopa 

Area of Application. Survey area plus: 

Arizona: 

Pinal 

Yavapai 

Tucson 

Survey Area 

Arizona: 

Pima 

Area of Application. Survey area plus: 

Arizona: 

Cochise 

Graham 

Greenlee 

Santa Cruz 

* * * * * 

UTAH 

Utah 

Survey Area 

Utah: 

Box Elder 

Davis 

Salt Lake 

Tooele 

Utah 

Weber 

Area of Application. Survey area plus: 

Utah: 

Beaver 

Cache 

Carbon 

Daggett 

Duchesne 

Emery 

Garfield (Does not include the Bryce 

Canyon, Capitol Reef, and Canyonlands 

National Parks portions) 

Grand (Does not include the Arches and 

Canyonlands National Parks portions) 

Iron (Does not include the Cedar Breaks 

National Monument and Zion National 

Park portions) 

Juab 

Millard 

Morgan 

Piute 

Rich 

Sevier 

Sanpete 

Summit 

Uintah 

Wasatch 

Wayne (Does not include the Capitol Reef 

and Canyonlands National Parks 

portions) 

* * * * * 

[FR Doc. 2023–25155 Filed 11–14–23; 8:45 am] 

BILLING CODE 6325–39–P 

DEPARTMENT OF AGRICULTURE 

Federal Crop Insurance Corporation 

7 CFR Part 457 

[Docket ID FCIC–23–0007] 

RIN 0563–AC84 

Early Harvest Insurance Flexibility for 

Sugar Beets 

AGENCY: Federal Crop Insurance 

Corporation, U.S. Department of 

Agriculture (USDA). 

ACTION: Final rule with request for 

comments. 

SUMMARY: The Federal Crop Insurance 

Corporation (FCIC) is amending the 

Common Crop Insurance Regulations, 

Sugar Beet Crop Insurance Provisions. 

This rule makes the early harvest 

adjustment an option, providing 

producers with maximum flexibility to 

tailor their insurance policy to meet the 

unique risk management needs of their 

operation. This rule also incorporates 

comments to improve the early harvest 

adjustment that were received on a prior 

final rule amending the Sugar Beet Crop 

Insurance Provisions, published in the 

Federal Register on November 29, 2019. 

The changes will be effective for the 

2024 and succeeding crop years for 

counties with a contract change date on 

or after November 30, 2023, and for the 

2025 and succeeding crop years for 

counties with a contract change date 

prior to November 30, 2023. 

DATES: 

Effective date: November 30, 2023. 

Comment date: We will consider 

comments that we receive by the close 

of business January 16, 2024. FCIC will 

consider the comments received and 

may conduct additional rulemaking in 

the future based on the comments. 

ADDRESSES: We invite you to submit 

comments on this rule. You may submit 

comments by going through the Federal 

eRulemaking Portal as follows: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov and search 

for Docket ID FCIC–23–0007. Follow the 

instructions for submitting comments. 

All comments will be posted without 

change and will be publicly available on 

www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: 

Francie Tolle; telephone (816) 926– 

7829; or email francie.tolle@usda.gov. 

Persons with disabilities who require 

alternative means for communication 

should contact the USDA Target Center 

at (202) 720–2600 (voice) or (844) 433– 

2774 (toll-free nationwide). 

SUPPLEMENTARY INFORMATION: 

Background 

FCIC serves America’s agricultural 

producers through effective, marketbased risk management tools to 

strengthen the economic stability of 

agricultural producers and rural 

communities. FCIC is committed to 

increasing the availability and 

effectiveness of Federal crop insurance 

as a risk management tool. Approved 

Insurance Providers (AIPs) sell and 

service Federal crop insurance policies 

in every state through a public-private 

partnership. FCIC reinsures the AIPs 

who share the risks associated with 

catastrophic losses due to major weather 

events. FCIC’s vision is to secure the 

future of agriculture by providing world 

class risk management tools to rural 

America. 

Federal crop insurance policies 

typically consist of the Basic Provisions, 

the Crop Provisions, the Special 

Provisions, the Commodity Exchange 

Price Provisions, if applicable, other 

applicable endorsements or options, the 

actuarial documents for the insured 

agricultural commodity, the 

Catastrophic Risk Protection 

Endorsement, if applicable, and the 

applicable regulations published in 7 


ddrumheller on DSK120RN23PROD with RULES1
Federal Register / Vol. 88, No. 219 / Wednesday, November 15, 2023 / Rules and Regulations 78227 

CFR chapter IV. Throughout this rule, 

the terms ‘‘Crop Provisions,’’ ‘‘Special 

Provisions,’’ and ‘‘policy’’ are used as 

defined in the Common Crop Insurance 

Policy (CCIP) Basic Provisions in 7 CFR 

part 457.8. Additional information and 

definitions related to Federal crop 

insurance policies are in 7 CFR 457.8. 

In this rule, FCIC is making the early 

harvest adjustment an option and 

making other improvements to the early 

harvest adjustment in response to public 

comments and other input from the 

American Sugarbeet Growers 

Association (ASGA) and AIPs. The FCIC 

has a long history of working closely 

with the ASGA and AIPs in tailoring 

this program to the unique risk 

management needs of sugar beet 

growers. 

Early Harvest Adjustment Option 

For the 2019 crop year, FCIC added an 

early harvest adjustment to the Crop 

Provisions in the Common Crop 

Insurance Regulations; Sugar Beet Crop 

Insurance Provisions final rule, 

published in the Federal Register on 

September 10, 2018 (83 FR 45535– 

45539). In response to public comments, 

FCIC made additional changes in the 

Common Crop Insurance Regulations; 

Sugar Beet Crop Insurance Provisions 

final rule published in the Federal 

Register on November 29, 2019 (84 FR 

65627–65639). The early harvest 

adjustment, as amended, was created to 

limit the effects to producers’ Approved 

Production History (APH) databases 

from processor requirements to harvest 

sugar beets before they reach full 

maturity. Sugar beets that are harvested 

early are smaller in size and have a 

lower percent of sugar than beets 

harvested at full maturity, resulting in a 

lower net weight in the producer’s APH 

database for that year. The lower yield 

remains in the producer’s APH database 

for a minimum of 10 years, reducing 

their future potential insurance 

guarantee. 

Prior to this rule, the early harvest 

adjustment applied if the threshold in 

the Special Provisions was exceeded. 

For those acres harvested early, the 

producer’s yield in their APH database 

was automatically adjusted upwards by 

one percent per day covering the time 

until the sugar beets would have 

reached full maturity. This adjustment 

was intended to protect their future 

guarantee. 

With the publication of the 2019 final 

rule, concerns were raised during the 

public comment period by ASGA that 

the early harvest adjustment could affect 

a producer’s claim or possible claim in 

the event of an insurable cause of loss. 

For example, if some acres were early 

harvested and the yield was adjusted 

upwards, but the producer subsequently 

had an insured cause of loss that 

reduced their yield, the upward early 

harvest adjustment could have an 

offsetting effect on the claim for 

indemnity. 

ASGA requested that the early harvest 

adjustment be made an optional feature 

of the Crop Provisions. Making the early 

harvest adjustment optional will allow 

producers greater flexibility and limit 

the possible negative impacts to a 

producer’s APH due to technological 

yield improvements. 

In this rule, FCIS is making the early 

harvest adjustment optional, which 

allows producers to opt-in to the early 

harvest adjustment. Producers choosing 

this option will be required to select the 

option by the sales closing date. The 

producer will be able to choose which 

years from their APH database to apply 

the early harvest adjustment for 

production that was harvested early. 

The producer’s premium will reflect the 

additional coverage between the 

adjusted yields and actual yields 

selected by the producer. The producer 

may have a higher approved yield and 

insurance coverage when an actual yield 

is adjusted in an APH database. If 

adjusting a yield will result in an 

increased approved yield, a higher 

insurance guarantee and greater 

indemnity payment could occur due to 

the early harvest adjustment. The 

producer will pay a higher premium for 

the increase in coverage. For example, a 

producer with a 65 percent coverage 

level may get a yield guarantee 

equivalent to a higher coverage level, 

such as 70 percent. Because of the early 

harvest adjustment option, the premium 

charged will reflect the higher effective 

coverage level (70 percent for this 

example) and higher risk of loss. If a 

producer elects the early harvest 

adjustment option, their premium will 

be adjusted while other producers who 

did not elect the option will not pay 

additional premium. It will be the AIP’s 

responsibility to ensure that the 

approved yield is calculated correctly, 

which determines the appropriate 

premium amount. 

In making the early harvest 

adjustment an option, all producers will 

be required to recertify their APH 

database with their AIP to remove those 

yields from their database from the 

years that the adjustment was 

automatically applied. This will ensure 

that only those producers who elect the 

option going forward, will be charged 

the additional premium associated with 

the adjusted yields. 

To elect the early harvest adjustment 

option, producers must choose the 

option by the sales closing date and 

must have additional coverage (that is, 

not a Catastrophic Risk Protection 

Endorsement). The option will remain 

in effect for future years, unless 

cancelled. On or before the production 

reporting date, the producer can replace 

actual yields with early harvested 

adjusted yields. The adjustment will 

only be made if a threshold of at least 

15 percent of the insured acreage in the 

unit is early harvested, unless the 

Special Provisions specify a different 

threshold. The adjustment will not be 

made if the sugar beets are damaged by 

an insurable cause of loss and leaving 

the crop in the field would reduce 

production. 

During the decision-making process 

for this rule, FCIC was committed to 

reaching a desirable outcome for all 

program stakeholders. FCIC regularly 

communicated with ASGA, on behalf of 

their grower constituency, and AIPs to 

gain consensus on the framework of the 

proposed changes and overcome 

challenges and points of disagreement. 

AIPs expressed concerns regarding 

additional administrative burdens on 

producers who will be required to 

recertify their APH databases. FCIC 

worked closely with ASGA to confirm, 

on behalf of their producer 

constituency, their support for these 

changes, including the requirement for 

producers to recertify their APH 

databases to implement these requested 

changes. 

Additionally, ASGA requested to 

exclude the adjustments to early 

harvested productions on acreage with a 

claim. However, as identified by AIPs, 

due to the discretion producers have in 

choosing which acreage to early harvest, 

waiving adjustments on acreage with a 

claim would have introduced unwanted 

moral hazard in the program. FCIC 

believes it has landed on common, 

middle ground, as these choices give the 

producer maximum flexibility to tailor 

their insurance to their operation, while 

maintaining the actuarial soundness of 

the Federal crop insurance program. 

Early Harvest Adjustment Cap 

Following the comment period for the 

2019 final rule, AIPs raised additional 

concerns, on behalf of their insured 

producers, with the limits (commonly 

referred to as a ‘‘cap’’) on the early 

harvest adjustment. The cap is the 

maximum amount a particular actual 

yield can be adjusted to. The early 

harvest adjustment was capped at the 

higher of the approved yield (the 

average of all yields in an APH database 

and the basis for which the unit 

guarantee is calculated) or the actual 

yield of the production harvested after 


ddrumheller on DSK120RN23PROD with RULES1
78228 Federal Register / Vol. 88, No. 219 / Wednesday, November 15, 2023 / Rules and Regulations 

full maturity from the unit. Due to 

improvements in sugar beet technology, 

yield potential has increased, and it is 

possible that a producer’s early 

harvested actual yield exceeds the limit 

even before the adjustment was applied. 

In these cases, the actual yield was 

capped at the approved yield even 

though the actual yield was higher than 

the approved yield. 

In this rule, FCIC is modifying the 

limits to the early harvest adjustment to 

account for situations where early 

harvested actual yields would have 

surpassed the previous cap. The 

changes address the cases where the 

actual early harvest yield prior to the 

early harvest adjustment exceeds the 

approved yield. The cap was intended 

to ensure adjustments don’t exceed 

realistic yields; it was never the intent 

of the cap to reduce an actual yield. 

Clarifications and Grammatical 

Corrections 

In this rule, FCIC is capitalizing ‘‘Crop 

Provisions’’ in two places to be 

consistent with the CCIP Basic 

Provisions. In section 17, FCIC is 

clarifying that the Stage Removal Option 

is only available if provided in the 

actuarial documents. 

Effective Date, Notice and Comment, 

and Exemptions 

The Administrative Procedure Act 

(APA, 5 U.S.C. 553) provides that the 

notice and comment and 30-day delay 

in the effective date provisions do not 

apply when the rule involves specified 

actions, including matters relating to 

contracts. This rule governs contracts 

for crop insurance policies and therefore 

falls within that exemption. 

This rule is exempt from the 

regulatory analysis requirements of the 

Regulatory Flexibility Act (5 U.S.C. 

601–612), as amended by the Small 

Business Regulatory Enforcement 

Fairness Act of 1996. The requirements 

for the regulatory flexibility analysis in 

5 U.S.C. 603 and 604 are specifically 

tied to the requirement for a proposed 

rule under 5 U.S.C. 553 or any other 

law; in addition, the definition of rule 

in 5 U.S.C. 601 is tied to the publication 

of a proposed rule. 

For major rules, the Congressional 

Review Act requires a delay of the 

effective date of 60 days after 

publication to allow for Congressional 

review. This rule is not a major rule 

under the Congressional Review Act, as 

defined by 5 U.S.C. 804(2). Therefore, 

this final rule is effective on November 

30, 2023. Although not required by APA 

or any other law, FCIC has chosen to 

request comments on this rule. 

Executive Orders 12866 and 13563 

Executive Order 12866, ‘‘Regulatory 

Planning and Review,’’ and Executive 

Order 13563, ‘‘Improving Regulation 

and Regulatory Review,’’ direct agencies 

to assess all costs and benefits of 

available regulatory alternatives and, if 

regulation is necessary, to select 

regulatory approaches that maximize 

net benefits (including potential 

economic, environmental, public health 

and safety effects, distributive impacts, 

and equity). Executive Order 13563 

emphasized the importance of 

quantifying both costs and benefits, of 

reducing costs, of harmonizing rules, 

and of promoting flexibility. The 

requirements in Executive Orders 12866 

and 13563 for the analysis of costs and 

benefits apply to rules that are 

determined to be significant or 

economically significant. 

The Office of Management and Budget 

(OMB) has designated this rule as not 

significant under Executive Order 

12866, ‘‘Regulatory Planning and 

Review,’’ and therefore, OMB has not 

reviewed this rule and analysis of the 

costs and benefits is not required under 

either Executive Order 12866 or 13563. 

Clarity of the Regulation 

Executive Order 12866, as 

supplemented by Executive Order 

13563, requires each agency to write all 

rules in plain language. In addition to 

your substantive comments on this rule, 

we invite your comments on how to 

make the rule easier to understand. For 

example: 

• Are the requirements in the rule 

clearly stated? Are the scope and intent 

of the rule clear? 

• Does the rule contain technical 

language or jargon that is not clear? 

• Is the material logically organized? 

• Would changing the grouping or 

order of sections or adding headings 

make the rule easier to understand? 

• Could we improve clarity by adding 

tables, lists, or diagrams? 

• Would more, but shorter, sections 

be better? Are there specific sections 

that are too long or confusing? 

• What else could we do to make the 

rule easier to understand? 

Environmental Review 

The environmental impacts of this 

final rule have been considered in a 

manner consistent with the provisions 

of the National Environmental Policy 

Act (NEPA, 42 U.S.C. 4321–4347), the 

regulations of the Council on 

Environmental Quality (40 CFR parts 

1500–1508), and because USDA will be 

making the payments to producers, the 

USDA regulation for compliance with 

NEPA (7 CFR part 1b). As specified in 

7 CFR 1b.4(b)(4), FCIC is categorically 

excluded from the preparation of an 

Environmental Analysis or 

Environmental Impact Statement unless 

the FCIC Manager (agency head) 

determines that an action may have a 

significant environmental effect. The 

FCIC Manager has determined this rule 

will not have a significant 

environmental effect. Therefore, FCIC 

will not prepare an environmental 

assessment or environmental impact 

statement for this action and this rule 

serves as documentation of the 

programmatic environmental 

compliance decision. 

Executive Order 12988 

This rule has been reviewed under 

Executive Order 12988, ‘‘Civil Justice 

Reform.’’ This rule will not preempt 

State or local laws, regulations, or 

policies unless they represent an 

irreconcilable conflict with this rule. 

Before any judicial actions may be 

brought regarding the provisions of this 

rule, the administrative appeal 

provisions of 7 CFR part 11 are to be 

exhausted. 

Executive Order 13175 

This rule has been reviewed in 

accordance with the requirements of 

Executive Order 13175, ‘‘Consultation 

and Coordination with Indian Tribal 

Governments.’’ Executive Order 13175 

requires Federal agencies to consult and 

coordinate with Tribes on a 

government-to-government basis on 

policies that have Tribal implications, 

including regulations, legislative 

comments or proposed legislation, and 

other policy statements or actions that 

have substantial direct effects on one or 

more Indian Tribes, on the relationship 

between the Federal Government and 

Indian Tribes or on the distribution of 

power and responsibilities between the 

Federal Government and Indian Tribes. 

The Risk Management Agency (RMA) 

has assessed the impact of this rule on 

Indian Tribes and determined that this 

rule does not, to our knowledge, have 

Tribal implications that require Tribal 

consultation under Executive Order 

13175. The regulation changes do not 

have Tribal implications that preempt 

Tribal law and are not expected have a 

substantial direct effect on one or more 

Indian Tribes. If a Tribe requests 

consultation, RMA will work with the 

USDA Office of Tribal Relations to 

ensure meaningful consultation is 

provided where changes, additions and 

modifications identified in this rule are 

not expressly mandated by Congress. 


ddrumheller on DSK120RN23PROD with RULES1
Federal Register / Vol. 88, No. 219 / Wednesday, November 15, 2023 / Rules and Regulations 78229 

1See https://sam.gov/content/assistance-listings. 

The Unfunded Mandates Reform Act of 

1995 

Title II of the Unfunded Mandates 

Reform Act of 1995 (UMRA, Pub. L. 

104–4) requires Federal agencies to 

assess the effects of their regulatory 

actions of State, local, and Tribal 

governments, or the private sector. 

Agencies generally must prepare a 

written statement, including cost 

benefits analysis, for proposed and final 

rules with Federal mandates that may 

result in expenditures of $100 million or 

more in any 1 year for State, local or 

Tribal governments, in the aggregate, or 

to the private sector. UMRA generally 

requires agencies to consider 

alternatives and adopt the more cost 

effective or least burdensome alternative 

that achieves the objectives of the rule. 

This rule contains no Federal mandates, 

as defined in Title II of UMRA, for State, 

local, and Tribal governments, or the 

private sector. Therefore, this rule is not 

subject to the requirements of sections 

202 and 205 of UMRA. 

Federal Assistance Program 

The title and number of the 

Assistance Listing,1 to which this rule 

applies is No. 10.450—Crop Insurance. 

Paperwork Reduction Act of 1995 

The purpose of the Paperwork 

Reduction Act of 1995 (44 U.S.C. 

chapter 35, subchapter I), among other 

things, are to minimize the paperwork 

burden on individuals, and to require 

Federal agencies to request and receive 

approval from the Office of Management 

and Budget (OMB) prior to collecting 

information from ten or more persons. 

This rule does not change the 

information collection approved by 

OMB under control numbers 0563– 

0053. 

USDA Non-Discrimination Policy 

In accordance with Federal civil 

rights law and U.S. Department of 

Agriculture (USDA) civil rights 

regulations and policies, USDA, its 

Agencies, offices, and employees, and 

institutions participating in or 

administering USDA programs are 

prohibited from discriminating based on 

race, color, national origin, religion, sex, 

gender identity (including gender 

expression), sexual orientation, 

disability, age, marital status, family or 

parental status, income derived from a 

public assistance program, political 

beliefs, or reprisal or retaliation for prior 

civil rights activity, in any program or 

activity conducted or funded by USDA 

(not all bases apply to all programs). 

Remedies and complaint filing 

deadlines vary by program or incident. 

Individuals who require alternative 

means of communication for program 

information (for example, braille, large 

print, audiotape, American Sign 

Language, etc.) should contact the 

responsible Agency or the USDA 

TARGET Center at (202) 720–2600 

(voice and text telephone (TTY)) or dial 

711 for Telecommunications Relay 

Service (both voice and text telephone 

users can initiate this call from any 

telephone). Additionally, program 

information may be made available in 

languages other than English. 

To file a program discrimination 

complaint, complete the USDA Program 

Discrimination Complaint Form, AD– 

3027, found online at https://

www.usda.gov/oascr/how-to-file-aprogram-discrimination-complaint and 

at any USDA office or write a letter 

addressed to USDA and provide in the 

letter all the information requested in 

the form. To request a copy of the 

complaint form, call (866) 632–9992. 

Submit your completed form or letter to 

USDA by: (1) mail to: U.S. Department 

of Agriculture, Office of the Assistant 

Secretary for Civil Rights, 1400 

Independence Avenue SW, Washington, 

DC 20250–9410; (2) fax: (202) 690–7442; 

or (3) email: program.intake@usda.gov. 

USDA is an equal opportunity 

provider, employer, and lender. 

List of Subjects in 7 CFR Part 457 

Acreage allotments, Crop insurance, 

Reporting and recordkeeping 

requirements. 

For the reasons discussed in the 

supplementary information, FCIC 

amends 7 CFR part 457, as follows: 

PART 457—COMMON CROP 

INSURANCE REGULATIONS 

■ 1. The authority citation for part 457 

continues to read as follows: 

Authority: 7 U.S.C. 1506(l), 1506(o). 

■ 2. Amend § 457.109 by: 

■ a. In the introductory paragraph, 

remove the words ‘‘for effective for the 

2023 and succeeding crop years in states 

with a November 30 contract change 

date and for the 2024’’ and add the 

words ‘‘effective for the 2024 and 

succeeding crop years in states with a 

November 30 contract change date and 

for the 2025’’ in their place; 

■ b. In section 1, add definitions of 

‘‘Early harvest’’ and ‘‘Full maturity (date 

of)’’ in alphabetical order; 

■ c. In section 8, remove the words 

‘‘crop provisions’’ and add ‘‘Crop 

Provisions’’ in each place they appear; 

■ d. In section 14: 

■ i. Remove paragraph (f); and 

■ ii. Redesignate paragraphs (g) and (h) 

as paragraphs (f) and (g); 

■ e. In section 17: 

■ i. Redesignate paragraphs (a)(1) 

through (4) as paragraphs (a)(2) through 

(5); and 

■ ii. Add new paragraph (a)(1); and 

■ f. Add a new section 18. 

The revisions and additions read as 

follows: 

§ 457.109 Sugar Beet Crop Insurance 

Provisions. 

* * * * * 

Definitions 

* * * * * 

Early harvest. Harvest of sugar beets 

prior to full maturity. 

Full maturity (date of). The date the 

sugar beets would have reached full 

maturity is 45 days prior to the calendar 

date for the end of the insurance period, 

unless otherwise specified in the 

Special Provisions. 

* * * * * 

17. Stage Removal Option 

(a) * * * 

(1) If provided in the actuarial 

documents, you may elect the Stage 

Removal Option. 

* * * * * 

18. Early Harvest Adjustment Option 

(a) Applicability: 

(1) If provided in the actuarial 

documents, you may elect the Early 

Harvest Adjustment Option to adjust 

your actual yield(s) for early harvested 

production. 

(2) You must have additional coverage 

to elect this option. 

(3) You must elect this option in 

writing on or before the sales closing 

date. 

(4) This election is continuous, in 

accordance with section 2 of the Basic 

Provisions, unless canceled by the 

cancellation date. Your election of the 

Catastrophic Risk Protection 

Endorsement for your sugar beets will 

cancel this option. 

(b) Insurance Guarantees: 

(1) APH database—On or before the 

production reporting date, you may 

replace actual yields with early harvest 

adjusted yields in your APH database, if 

this option is elected. 

(i) The early harvest adjusted yields 

will be used in the same manner as 

actual yields for the purpose of 

calculating the approved yield. 

(ii) Once an early harvest adjusted 

yield replaces an actual yield, the early 

harvest adjusted yield will remain in 

effect until such time as that crop year 

is no longer included in the APH 


ddrumheller on DSK120RN23PROD with RULES1
78230 Federal Register / Vol. 88, No. 219 / Wednesday, November 15, 2023 / Rules and Regulations 

1 15 U.S.C. 1681g. 

2 15 U.S.C. 1681j(a). 

3 15 U.S.C. 1681j(b)–(d). The maximum allowable 

charge announced by the CFPB does not apply to 

requests made under section 612(a)–(d) of the 

FCRA. The charge does apply when a consumer 

who orders a file disclosure has already received a 

free annual file disclosure and does not otherwise 

qualify for an additional free file disclosure. 

4 15 U.S.C. 1681j(f)(1)(A). 

5 15 U.S.C. 1681j(f)(2). 

6The Bureau of Labor Statistics began reporting 

CPI–U with three decimal points instead of one 

decimal point in 2007. 

database, this option is canceled in 

accordance with section 18(a)(4), or the 

insured chooses to no longer replace 

that actual yield(s) by the production 

reporting date. 

(iii) If you cancel the option, the 

actual yield will be used in the APH 

database. 

(2) Premium—Your approved yield 

will be used to determine your amount 

of premium owed. The premium will be 

increased to cover the additional risk 

associated with the resulting higher 

yields. 

(3) Adjustment—The adjustment will 

equal an increase of your actual yield by 

1 percent per day for each day the sugar 

beets were harvested prior to full 

maturity. 

(4) Threshold—The adjustment will 

only be made if the early harvested 

percentage of insured acreage in the unit 

meets or exceeds 15 percent, unless 

otherwise specified in the Special 

Provisions. 

(5) Cap—The adjustment cannot 

result in a yield greater than the higher 

of: 

(i) Your approved yield from the unit; 

(ii) The actual yield of the acreage 

harvested after full maturity from the 

unit; or 

(iii) The unadjusted actual yield of the 

early harvested acreage from the unit. 

(6) Processor requirement—The 

adjustment will only be made if: 

(i) Early harvest is required in the 

production agreement; or 

(ii) The processor requests early 

harvest. 

(c) Settlement of Claim—If this option 

is elected, production to count from the 

unit will be determined by: 

(1) The adjustment will be made for 

any early harvested production if the 

threshold is exceeded for the unit. 

(2) The adjustment will not be made 

if the sugar beets are damaged by an 

insurable cause of loss and leaving the 

crop in the field would reduce 

production. 

(3) If the production agreement does 

not require early harvest and the 

processor has not requested early 

harvest, and the processor: 

(i) Accepts the early harvested 

production, the early harvested 

production will be counted but no 

adjustment will apply. 

(ii) Does not accept the early 

harvested production, the production to 

count will be the production guarantee 

for the acreage harvested early. 

* * * * * 

Marcia Bunger, 

Manager, Federal Crop Insurance 

Corporation. 

[FR Doc. 2023–25123 Filed 11–14–23; 8:45 am] 

BILLING CODE 3410–08–P 

CONSUMER FINANCIAL PROTECTION 

BUREAU 

12 CFR Part 1022 

Fair Credit Reporting Act Disclosures 

AGENCY: Consumer Financial Protection 

Bureau. 

ACTION: Final rule; official 

interpretation. 

SUMMARY: The Consumer Financial 

Protection Bureau (CFPB) is issuing this 

final rule amending an appendix for 

Regulation V, which implements the 

Fair Credit Reporting Act (FCRA). The 

CFPB is required to calculate annually 

the dollar amount of the maximum 

allowable charge for disclosures by a 

consumer reporting agency to a 

consumer pursuant to section 609 of the 

FCRA; this final rule establishes the 

maximum allowable charge for the 2024 

calendar year. 

DATES: This final rule is effective 

January 1, 2024. 

FOR FURTHER INFORMATION CONTACT: 

Anna Boadwee and Adrien Fernandez, 

Attorney-Advisors, Office of 

Regulations, at (202) 435–7700. If you 

require this document in an alternative 

electronic format, please contact CFPB_

Accessibility@cfpb.gov. 

SUPPLEMENTARY INFORMATION: The CFPB 

is amending Appendix O to Regulation 

V, which implements the FCRA, to 

establish the maximum allowable 

charge for disclosures by a consumer 

reporting agency to a consumer for 

2024. The maximum allowable charge 

will be $15.50 for 2024. 

I. Background 

Under section 609 of the FCRA, a 

consumer reporting agency must, upon 

a consumer’s request, disclose to the 

consumer information in the consumer’s 

file.1 Section 612(a) of the FCRA gives 

consumers the right to a free file 

disclosure upon request once every 12 

months from the nationwide consumer 

reporting agencies and nationwide 

specialty consumer reporting agencies.2

Section 612 of the FCRA also gives 

consumers the right to a free file 

disclosure under certain other, specified 

circumstances.3 Where the consumer is 

not entitled to a free file disclosure, 

section 612(f)(1)(A) of the FCRA 

provides that a consumer reporting 

agency may impose a reasonable charge 

on a consumer for making a file 

disclosure. Section 612(f)(1)(A) of the 

FCRA provides that the charge for such 

a disclosure shall not exceed $8.00 and 

shall be indicated to the consumer 

before making the file disclosure.4

Section 612(f)(2) of the FCRA also 

states that the $8.00 maximum amount 

shall increase on January 1 of each year, 

based proportionally on changes in the 

Consumer Price Index, with fractional 

changes rounded to the nearest fifty 

cents.5 Such increases are based on the 

Consumer Price Index for All Urban 

Consumers (CPI–U), which is the most 

general Consumer Price Index and 

covers all urban consumers and all 

items. 

II. Adjustment 

For 2024, the ceiling on allowable 

charges under section 612(f) of the 

FCRA will be $15.50, an increase of one 

dollar from 2023. The CFPB is using the 

$8.00 amount set forth in section 

612(f)(1)(A)(i) of the FCRA as the 

baseline for its calculation of the 

increase in the ceiling on reasonable 

charges for certain disclosures made 

under section 609 of the FCRA. Since 

the effective date of section 612(a) was 

September 30, 1997, the CFPB 

calculated the proportional increase in 

the CPI–U from September 1997 to 

September 2023. The CFPB then 

determined what modification, if any, 

from the original base of $8.00 should 

be made effective for 2024, given the 

requirement that fractional changes be 

rounded to the nearest fifty cents. 

Between September 1997 and 

September 2023, the CPI–U increased by 

90.936 percent from an index value of 

161.2 in September 1997 to a value of 

307.789 in September 2023.6 An 

increase of 90.936 percent in the $8.00 

base figure would lead to a figure of 

$15.27. However, because the statute 

directs that the resulting figure be 

rounded to the nearest $0.50, the 

maximum allowable charge is $15.50. 

The CFPB therefore determines that the 

maximum allowable charge for the year 

2024 will increase to $15.50. 

III. Procedural Requirements 

A. Administrative Procedure Act 

Under the Administrative Procedure 

Act (APA), notice and opportunity for 

public comment are not required if the 

CFPB finds that notice and public 


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